General Body is final authority in co-op society
There are number of people, organizations and members who read Section 30 of the Delhi Co-operative Societies Act, 2003 which is as follows:
30. Final authority in a co-operative society
(1) The final authority in a co-operative society shall vest in the general body of members.
This particular section of the law gives further powers to the general body of members to form small body with any suitable name and delegate certain powers to them. This small body will exercise only the delegated powers and shall be responsible for all the tasks to the general body of members.
ABSOLUTE POWER CORRUPTS ABSOLUTELY:
Everyone has heard a saying the absolute power corrupts absolutely. Does this mean that the general meeting may take decisions or actions which are a corrupt practice. We agree with this perception that the general meeting can take certainly take such a decision.
IS THERE A CHECK ON THE FINAL AUTHORITY OF GENERAL BODY OF MEMBERS ?
YES, Certainly, there is a check. It may be noted that the general body of members should not take any decision against the sense and spirit of the Delhi Co-operative Societies Act, 2003 and the Delhi co-operative societies Rules, 2007.
WHAT WILL HAPPEN IF THE GENERAL BODY OF MEMBERS TAKE DECISIONS AGAINST THE DCS ACT OR DCS RULES ?
UNDER such circumstance, sensible members have to raise their voice and ensure that the general body of members functions according to the DCS Act and the DCS Rule.
When the members raise their voice, the general body of members may alter their decision in accordance with the DCS Act and the DCS Rules.
IN case the general body of members have done a wrong and no one raise their voice, the wrong will continue but it will remain illegal activity in the eyes of law.
Therefore general body of members is supreme authority to take legal decisions and not illegal decision.
In case you find any such decision, you may approach up for free advice on this web site.
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